The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, March 20, 2014 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:32 PM at the Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Davidson, Schneider and Burger and Gifford by phone and Kray by Skype 

Trustees absent:  n/a

Visitors: Larry Peter, Eve Peter, Ed Schmidt, Brian Monk, Andy Coleman, Doug Camp, Todd Boone, Larry Aschbrenner, Chip Hughes, Angela Holt, Bob Galiher, Chris Stender, Tom Houlahan, Kathy Houlahan, Dave Larson, and Pat Colgan, and Bill Holman by phone

Agenda reviewed by Leonard   Motion made by Schneider to approve agenda, Kramer second, all ayes, motion passed.  

Kray requested approval of minutes for the 2/20/2014, 3/6/2014 and 3/11/2014 meetings. Kramer made motion to approve, Schneider second, all ayes, motion passed.

Kramer requested approval of payments for the General Fund as follows: Alliant – $28.91; L&L Consulting – $2,000; News Publication – $13.44.  Payments for the Bond Fund as follows: Delaware County Abstract – $1,193; DesMoines Register – $74.70; Laurie Kramer for postage to Stanley Engineering – $32; Simmons Perrine Moyer Bergman – $9,134.75; Stanley Consultants – $14,766.59; Pat Colgan for travel – $674.62.  Discussion regarding Colgan reimbursement as County Auditor is unclear if this is a 1099 event.  Burger asked who would decide and Kramer advised our auditing firm, Hunt and Associates.  Motion to approve all payments except Colgan reimbursement until opinion from Hunt & Associates is received made by Davidson, Schneider second. Leonard asked Holman when contractor bills come in for Phase I, if Stanley will pay them.  Holman said they will review and approve but will not pay.  Agreements will need to be made with the contractor as to procedures and a release process.  Burger has a question on the attorney bill as there is a notation with “reread 28E agreement” as no charge but there is a $40 charge noted.  Kramer will check with Simmons Perrine on that issue.  Burger also noted the attorney bill is high but a lot was accomplished.  Vote taken on the motion, all ayes, motion passed.

Kramer reviewed financial summaries.  The general fund had a beginning balance of $95,902.42 and after revenues and expenses ended with a balance of $98,325.31.  The fund for the bond payment started with a balance of $160,516.21 and after revenues ended with a balance of $176,179.89.  The bond fund started with a balance of $5,590,505.36 and after interest and expenses ended with a balance of $5,629,764.71.  Motion to file reports by Davidson, Schneider second, all ayes, motion passed.

Leonard reviewed the request for a conflict of interest form from Simmons Perrine.  The party purchasing the property next to the old Rusty Peck property is a customer of Simmons Perrine.  There needs to be further clarification of the easements on the Peck property with this property purchase.  Simmons Perrine has asked the potential buyer to work with another attorney firm for the real estate purchase.  There was a short amount of time when Simmons Perrine was involved with both parties so they have asked us for consent to the conflict of interest.  Kramer moved to sign the form, Davidson second, all ayes, motion passed.

Stanley Engineering Supplemental Agreement 21 and 22 were introduced. Agreement 21 includes working with the District for the purchase of property and easement work, permitting with SHPO, the DNR and the Corp.  The amount on the agreement is a not to exceed $20,000. Agreement 22 is for engineering support during phase I and for bid advertisements, and the pre-bid meeting, etc. with a not to exceed amount of $17,000.  Motion to approve Supplemental Agreements 21 and 22 by Schneider, Davidson second.  Individual roll call requested, all ayes, motion passed.

Leonard asked Holman to review bids received.  Holman said he had provided the Trustees with a letter summarizing Stanley’s selection work.  He indicated we received 4 bids and they were very similar in price which gives us confidence that this is a good price.  The amounts were also close to the engineer estimate as well.  Lunda Construction was the low bidder by about $40,000.  Stanley and Pat Colgan verified everything is in order according to the specs.  Did verification of of several points that are critical in the design and verified experience on each point in the RFP.  References were also called for verification purposes.  Stanley also followed up on the subcontractors as well.  Holman confirmed that Lunda Construction met all the requirements of the bid and was the low bidder and now recommends Lunda Construction should be awarded the contract. Davidson asked how Lunda Construction’s previous work compared in scope and size.  Holman said in a previous project that Stanley Engineering worked with Lunda, the project was about the same size and also built a labryinth dam and was very similar in nature to our project.  Burger asked Holman if he was comfortable that Lunda Construction could handle our project and Holman said his is comfortable and that all contractors that bid were solid contractors and Stanley had experience with 3 of them.  Colgan added that he agreed 100% with Stanley Engineering’s analysis.  Colgan agrees that Lunda Co. had the best bid and they have been doing business a long time.  They are a quality company and give great attention to detail. Holman said Lunda has a reputation for helping to solve problems and one of the references that were called confirmed that.  Burger made motion to accept Stanley Engineering’s recommendation of Lunda Construction for the winner of the bid of Phase I Reconstruction of the Lake Delhi dam, Davidson second.  All Trustees indicated they were happy with the analysis. 

Individual roll call requested, all ayes, motion passed to award official contract to Lunda Construction Company.  Holman will draw up the notice of award for the District to sign and will call Lunda Construction.  Holman said he will arrange a pre-start construction meeting. 

Committe updates –

Finance – Burger said he has been reviewing options for Builders Risk insurance and he and Leonard met with our insurance agent.  The agent has given us proposals with various  levels of coverage and he is working through that process for us to move forward.  He also indicated the Finance Committee needs to discuss how payments to the contractor will work.  He also suggests a work session with all Board members to discuss change orders and the payment process.

FEMA – Leonard spoke with Doug Herman and he has had communication with Homeland Security but is not quite ready for a draft to the Trustees.

Dam Construction/Timeline – all property owners have received DNR letters which is a required process for public notice of our construction.  Property owners are encouraged to respond with a personal prospective in giving positive response for the reconstruction.  Once the permit is received for Phase II we will immediately go out for bids as there is not much left to do for those bid specs.  The receipt of the permit and coordination with the coffer dam to allow water to go through the powerhouse will dictate when Phase II can start.

State/County Legislative – Leonard spoke with Gary Grant today about the language for the clarification in regards to our tax bill.  He believes it looks good and doesn’t see any resistance.  Davidson asked if the bill is by itself now and Leonard said yes but that can change it goes through the process.

Property/Management – Kramer said demolition of the old Peck property is on Harbach’s calendar and he will move forward.

Leonard said received a letter from Jack Klaus from the Manchester Chamber of Commerce in support of the lake.  Leonard read the letter and indicated Klaus will forward to John Garton with the DNR.  Leonard thanked Klaus for his support of Lake Delhi.

Larry Aschbrenner advised he and Tom McLaughlin did the Guest Bartender day for St. Patrick’s day again this year at the Pizza Place.  He thanked Jim and Darlene Cleary for allowing them to participate in this event again at the Pizza Place as Larry and Tom donate the money in the tip jar to the Community Fund to Rebuild Lake Delhi.  This year the proceeds to the lake are $443 and there has been a total donation of over $1300 in the 3 years they have participated in this event. Leonard thanked Larry and Tom for the donation of time and funds.

Public comment – Ed Schmidt asked what was the reference to the boat ramp issue in the Stanley Engineering Supplemental Agreement and Leonard advised it was work in allowing us to mobilize in the area of the DNR boat ramp on the north side of the dam.

A question was asked if the contractor will try to  hire local help? Holman said he didn’t know who they have talked to or partnered with and they may have not made their final selection.  Will we be using the wicket gates and Holman advised we have to see if they are operational and then may need to readjust things but again, we won’t know until we excavate in that area.

Larry Peter said the instructions with the Steel Fab gates were included when they were moved but he didn’t believe they were there now.  In addition, the electronics had not been shipped.  Colgan said that will be worked out with contractor and they will discuss it in the pre-construction meeting.

Larry Aschbrenner asked what was the estimate of Phase I and Phase II. Leonard said for Phase I it was $4,424,729.08 and Phase II was $6.7 million.

Larry Peter wanted to confirm that we had an asbestos inspection and that a report still needed to be filed.  Kramer indicated the DNR said we didn’t need to do this because it wasn’t a business.  Kramer will confirm her records.

A question regarding the fact that the DNR letter said building the dam won’t alleviate flooding from upstream properties.  Leonard asked Colgan to comment and he said the letter references a 1% chance and we need to think of that as the 100 year flood.  It would be like the 2008 high water event and it should not be worse than that event with the new dam in place.  

Motion to adjourn by Davidson, second by Schneider.  All ayes, motion passed, meeting adjourned at 7:38 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Tuesday, March 11, 2014 – 6:30 p.m.

Heritage Bank Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 1:30 PM at the Heritage Bank Conference Room

Trustees present: Leonard,  Kramer, Burger, Davidson and Schneider by phone and Kray by Skype

Trustees absent: Gifford

Visitors: Gordon & Patricia Anderson, Larry & Eve Peter, Dean & Marlene Montour, Jerry Ries, Brian Monk, Brian Jacob, Larry Aschbrenner, Ben Kindred, Alison Johnson, Jim Locke, John Hess, Randy Rattenborg, Jason Wenger, Greg Van Elzon (Lunda rep), Matt Van Heiden (PCI rep) Chris Stender, Wayne & Jenny Garvin, Bill Weers, Randy Sweet, Travis Niehaus

Agenda reviewed by Leonard. Motion made by Burger to approve agenda, Kramer second, all ayes, motion passed.

Leonard opened the bids received for the Phase I Reconstruction of the Lake Delhi dam.  The bids are as follows”

Cramer and Associates – $4,590,960.00

Peterson Contractors Inc. – $4,649,528.44

Lunda Construction – $4,551,199.71

ASI/ECI Joint Venture – $4,677,571.00

A motion was made by Burger to forward the bids to Stanley Engineering and the District Project Facilitator for further review and recommendation to the board, Kramer second.  All ayes, motion passed.

Public comment – Pat Colgan said he was very happy with the companies that bid and that they were so close in numbers for the total bid package. He said he and Stanley Engineers would review the bids and look at various aspects including the qualifications of the contractor and also the qualifications of the contractor’s supervisor.

Motion to adjourn by Burger, Kramer second.  All ayes, motion passed and meeting adjourned at 2:02 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, February 20, 2014 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:30 PM at the Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Davidson, Schneider and Gifford by phone and Kray by Skype 

Trustees absent:  Burger

Visitors: Dave Larson, Chris Stender, Chuck Koelker, Jason Wenger, Larry Aschbrenner, Doug Camp, Todd Boone, Pat Colgan

Agenda reviewed by Leonard   Motion made by Schneider to approve agenda, Davidson second, all ayes, motion passed.  

Kray requested approval of minutes for the 1/16/2014, 1/20/2014, 2/3/2014 and 2/10/14 meetings. Kramer made motion to approve, Schneider second with correction on 2/2/14 minutes to reflect date of Thursday, March 10^th to Monday, March 10^th. Kramer agreed to motion change, all ayes, motion passed.

Kramer requested approval of payments for the General Fund as follows: Alliant – $32.65, Delaware County Auditor’s office for election expense – $929.47,  L&L Consulting – $2,000.00, News Publishing Co – $22.95 and Attorney fees for Dec. – $40.00.  Payments for the Bond Fund as follows: Simmons Perrine Moyer Bergmann – $4117.82, and News Publishing Co – $61.36.  Motion to pay all billings for the general fund and the bond fund as presented by Davidson, second by Schneider.  All ayes, motion passed.

Kramer reviewed budget reports as of 1/31/2014.  The General Fund had a starting balance of $103,593.57 and after receipts and expenses has a balance of $95,902.41.  The Debt Service Fund had a beginning balance of $157,723.83 and after receipts has an ending balance of $160,516.21.  The Dam/Spillway Fund has a beginning balance of $5,615,413.53 and after  interest payment and expenses ends with a balance of $5,590,505.36.   Kray made a motion to file financial report, Schneider second.  All ayes, motion passed.

Hatala created a resolution to allow officers to execute and authorize non-financial documents.  The purpose of the resolution is to allow things to be streamlined and to keep things moving forward during the construction phase.  Leonard read the resolution and advised Hatala left blanks for description of the kind of documents that are allowed to be signed.  Motion to approve resolution 2.20.14a by Davidson for purposes of discussion and second by Schneider.  Leonard advised the issue arose by the request for Holman from Stanley Consultants to sign permit papers.  Leonard asked Colgan if this is something we need for the project.  Colgan said contractors will have change order requests for quick decisions because of weather, etc. and we might have to allow the change in an afternoon.  There will be all kinds of items for ebb and flow of this project that could save money, improve costs, etc.  Davidson sees this as possibly problematic that 2 members would make a decision  but the other board members couldn’t change the decision.  Leonard said if we have to have a meetings for this type of thing, we have to post a 24 hour notice.  Kray said the 24 hour notice would be problematic for construction issues. Schneider said maybe we should make the number be 3.  Colgan wants to clarify his comment – that some issues will be done right away, for example, action needed due to a storm warning.  Davidson said maybe we could firm up the language and only allow permit applications and contractor change order requests may be approved by 2 other district personnel.  Davidson will change motion to approve the resolution but language should state “may be approved along with 2 other district officers”.  Gifford said he thinks there should be some dollar threshold and to narrow it down.  He proposes a $25,000 limit. Davidson asked if only one source would bring the change request and that it should be Colgan.  Leonard said he thinks we should table this for tonight and ask Hatala to prepare a revised document with the change in the language.  Leonard will draft what we discussed this evening and have all trustees review it.  Davidson make motion to table this item, Schneider second, all ayes, motion passed.

Leonard introduced Resolution 2.20.14 to approve the Rocky Nook Property agreement.  Motion to approve resolution by Kray and second by Kramer.  Leonard gave review of purchase of property.  As the Trustees reviewed solutions and chose the design of the dam, properties were required.  The District purchased the Peck, Wright, and Wiersma properties and Marty Pottebaum donated the land we needed on the north side of the dam.  The final property to purchase were properties owned by the Rocky Nook Association (RNA)by the spillway (where docks and boats were) and property down river for  the spillway.  We negotiated with the RNA  for 2 different properties and purchase agreement  was signed.  There was an incentive for a quick response to our purchase agreement of $50,000 and the property purchase amount was $235,000.  There is a septic system on the property we are acquiring so we had to replace the association septic systems.  In addition, an easement is given to RNA on the old Peck property for docks, but we retain ownership so the District can take care of our easements that currently existed on the Peck property prior to our acquisition.  This purchase is the last item to enable us to build the spillway and will allow the DNR to move forward on our permit.  Davidson asked what the closing date will be and Leonard said asap.  Abstract should be done by next week and we can close in the next 2-3 weeks.  Individual roll call required on the motion. All ayes, motion passed. 

Leonard said one of the items on the RNA purchase agreement is the need to design a septic system for them.  Jason Wenger and Randy from the Burrington Group have helped with  a proactive approach to this task. Wenger said the septic system and leach field is impacted by our purchase and he has been working with Dennis Lyons (County Sanitarian) for everything to be in compliance.  The RNA area needs a packaged or sealed septic system because of the closeness to the water and rocky soil.  It is estimated that 3 potted systems will be required.  In addition a public water distribution system will be needed as well because we will be impacting that also.  This full design will require a DNR permit because it is a public water system. Burrington Group’s proposal is $4000 for engineering design and they have added another line item if we need bidding phase assistance as well.  Burrington Group is estimating $2000 to facilitate the bid process.  In the proposal the majority of the cost will be material cost because the bulk of the expense is the acquisition of the systems.  Kramer made motion to approve the contract for bid design and bid assistance, Schneider second.  Leonard said Hatala wants to make sure Wenger will meet Iowa Code Chapter 26 and Wenger said that is what they follow.  Leonard thanked Wenger and Burrington Group for all the time and effort they have put in to RNA septic and water issues.  Individual roll call requested, all ayes, motion passed.

Committee updates

Finance – budget hearing is March 6^th at Maquoketa Valley Middle School conference room.  We are estimating expenses for 2014/2015 fiscal year. 

FEMA – Doug Hermann is working on documentation and Dave Fry and Maggie Burger have been assisting him.  He is almost finished with one of the worksheets and will present to the board shortly.

Dam Construction/Timeline – Colgan gave an overview of status of the bids.  The Contractors meeting was yesterday and Stanley has given 30 sets of designs so we know there is a lot of interest.  Colgan is anticipating 5-6 good bids from good contractors.  Twenty five to thirty people showed up at the meeting yesterday.  The contractors had great questions and all the questions were collected and the answers will be shared with all contractors as an addendum.  Our plan is to award the bid on March 10^th giving a notice to proceed. 

State county legislative – Currently there is bill HF2340 that has been issued to clarify our property tax exempt status.  There has been lots of communication with the Iowa tax revenue department and they have no issue and will show support.  Sales tax is another issue but we have received informal clarification from the Iowa Tax Department and we should be exempt from sales tax.

We received county approval to work in the flood plain so nothing is stopping phase I right now.

Property Management – we need to go through all the documents in the building down by the dam in the spring.

Public comment – How many sites are in the RNA area and Leonard advised there are approximately 37 owners, but we understand 3 homes were taken out by the flood and those won’t return.  Those remaining will feed into the new septic system.  Does our building remain and the answer is yes, the spillway won’t interfere with that building (office building).  Will many of the contractors from Phase I return for the Phase II work and Colgan said yes, he expects that.

Aschbrenner asked what did we pay for the Peck property and Leonard said close to $100,000 and then he was asked how much area was included. Leonard said he could go to the beacon web site on the County page and see what area was purchased. 

Chuck Koelker asked when Phase I and II will be done.  Colgan said Phase I is estimated for September but we can’t do the final test to complete until the spillway is complete and the gate test is done.

Aschbrenner asked who does the gate test and Colgan answered Stanley Engineering.

Dave Larson confirmed that the gates will take 6-8 months to receive and Colgan said we still won’t need the gates until Spring of 2015.  The roller gate guides will be an important part for Phase I. Once the guides are done then we can build the coffer dam so we can start the spillway work.  What about the tubes below the powerhouse and Colgan said they may still be an option but we haven’t been able to inspect them yet because of the rip rap.

Schneider made motion to adjourn, Davidson second.  All ayes, motion passed. Meeting adjourned at 8:30 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Monday, February 10, 2014  9:00 a.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by Treasurer Laurie Kramer at 9:00 a.m. at the Maquoketa Valley Middle School Conference Room.

Trustees present:  Kramer, Davidson, Schneider.  Kray participated via skype.

Absent: Leonard, Burger, Gifford

Visitors:

The agenda was reviewed by Kramer.  A motion was made by Schneider, second by Davidson to approve agenda.  Motion carried.

A motion was made by Kray, second by Davidson to approve Bill Holman from Stanley Consultants to be the District’s agent for the purposes of obtaining the Phase II permit and to authorize Kramer to sign the permit in the absence of President Leonard.  Motion carried.

There being no  public comment, a motion was made Schneider, second by Davidson to adjourn. Motion carried, meeting adjourned at 9:11 am.